On Oct. 14, 2025, union workers at The Quartz Corp in Spruce Pine filed a petition to decertify the United Mine Workers Local 0140 as their bargaining representative. Despite having 30 percent of the employee signatures that is required to launch a vote, the National Labor Relations Board (NLRB), Region 10, used the board’s “blocking charge” rule to obstruct the request.
Blake Davis, a union member and the lead petitioner, followed up with a Request for Review requesting that the NLRB overturn the blocking charge policy.
The policy, which was first adopted in 1937 and has been used off and on during different administrations, was recently rescinded in 2020 under the Trump administration, but was then reinstated in 2024 under Biden. The policy permits NLRB regional directors to delay representation or decertification elections if the union alleges that the employer has engaged in unfair labor practices.
“Basically, it says that if a union files an unfair labor practice charge against an employer, it can be grounds to block the employees like Mr. Davis from exercising their right to vote out the union,” said Patrick Semmens, vice president, National Right to Work Legal Defense Foundation.
Under the federal National Labor Relations Act, workers have the right to remove a union.
“We feel this (blocking charge rule) is an unfair and unwarranted policy,” Semmens stated.
While the union has alleged several labor violations against The Quartz Corp, so far, the NLRB has not identified or ruled on any of them.
“An employer cannot promise benefits or discourage union support in an effort to encourage voting against a union,” Joe Pittman, president, UMWA Local 0140, said in a written statement.
If the union suspects and/or has witnesses come forward who say that management engaged in these activities while they were collecting decertification signatures, then the union would have grounds to file charges against the company, Pittman said.
“After the NLRB has done a thorough investigation, the decert petition could be thrown out, and no vote takes place, or they could set up a date for the bargaining unit employees to vote for the union to stay or go. The majority would then rule,” Pittman explained.
Workers who want to remove the union believe the UMWA is not effective and that non-union facilities would be better than what the union has done for them, Semmens stated.
“They don’t talk to rank-and-file employees about what’s going on,” Semmens stated. “My understanding is that there’s not any sort of democratic process within the union. There aren’t elections for the officers. They just get appointed. So basically, these workers feel like they have no say in what the union’s doing.”
The UMWA Local 0140 was voted in at The Quartz Corp in March 1998 and has 37 bargaining unit employees.
“The union represents all the bargaining unit employees at this facility,” Pittman wrote. “Over the years, we have negotiated many contracts with the company. … A contract that is binding ... in terms of wages, vacation, funeral leave, safety, seniority, call back rights in the event of a layoff, and just cause, which means that the employer has to have a good reason to fire or discipline bargaining unit employees.”
Bargaining units are employees who are represented by a labor union during negotiations with their employer. These units are essential for collective bargaining, where employees negotiate for better wages, benefits, working conditions, and job security.
“We have several bargaining unit employees who don’t belong to the union, but they do like the union being there to represent them,” Pittman added.
If the blocking charge is overturned, it will allow workers, nationally, to vote to remove their union without interference as long as they have the votes required, Semmens said.
“We handle a good number of decertification cases and unfortunately ... we see these types of tactics where instead of letting the workers vote, union lawyers try and block it or delay it,” Semmens stated. “But we think every day that these workers are stuck under a union that a majority likely opposes, that’s a violation of their rights and certainly a bad thing.”
But Semmens warns that a ruling could take months to years.
“One of the current three members of the NLRB’s term expires this year. There are five seats on the NLRB and if they fall below three members then they lack a majority to take action,” Semmens said.
Without union representation, companies in North Carolina can fire you for almost anything that is legal, Pittman said.
“It doesn’t matter whether you were a great employee and have worked there for 20 years. If you stayed out of work for two days due to the weather, they could fire you, and you would have no recourse,” he said.
Pittman assures the employees that during the NLRB investigation, “the union and its supporters will continue to treat everyone fairly, as always. We will document, report, and cooperate with any laws, and will provide the NLRB with anything they might require to efficiently complete any investigations.”
Pittman spoke about the value of having a union contract.
“In my opinion, most companies dislike a union because it’s another party involved in their business,” Pittman said. “I would like to see the union stay at this operation. I believe that having a contract gives you more rights.”
The Quartz Corp had no comment on this dispute, and Blake Davis did not respond to requests for comment.